Texas Estates Code Title 2, Chapter 358 - Matters Relating To Mineral Properties

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B MINERAL LEASES AFTER PUBLIC NOTICE

• Texas Section 358.001 - Definitions
  In this chapter: (1) "Gas" includes all liquid hydrocarbons in the gaseous phase in the reservoir. (2) "Land" and "interest in land" include minerals or...
• Texas Section 358.051 - Authorization For Leasing Of Minerals
  (a) The court in which probate proceedings on a decedent's estate are pending may authorize the personal representative of the estate, appointed and qualified under...
• Texas Section 358.052 - Lease Application
  (a) The personal representative of an estate shall file with the county clerk of the county in which the probate proceeding is pending a written...
• Texas Section 358.053 - Scheduling Of Hearing On Application; Continuance
  (a) Immediately after the filing of a lease application under Section 358.052, the county clerk shall call the filing of the application to the court's...
• Texas Section 358.054 - Notice Of Hearing On Application
  (a) At least 10 days before the date set for the hearing on a lease application filed under Section 358.052, excluding the date of notice...
• Texas Section 358.055 - Requirements Regarding Order And Notice Mandatory
  An order of the judge or court authorizing any act to be performed under a lease application filed under Section 358.052 is void in the...
• Texas Section 358.056 - Hearing On Application; Order
  (a) At the time and place designated for the hearing under Section 358.053(a), or at the time to which the hearing is continued as provided...
• Texas Section 358.057 - Making Of Lease On Granting Of Application
  (a) If the court grants an application as provided by Section 358.056, the personal representative of the estate may make the lease or leases, as...
• Texas Section 358.058 - Bond Requirements
  (a) Unless the personal representative of the estate is not required to give a general bond, a lease for which a cash consideration is required,...
• Texas Section 358.059 - Term Of Lease Binding
  (a) A lease executed and delivered in compliance with this subchapter is valid and binding on the property or interest in property owned by the...

SUBCHAPTER C MINERAL LEASES AT PRIVATE SALE

• Texas Section 358.060 - Amendment Of Lease Regarding Effect Of Shut-in Gas Well
  (a) An oil, gas, and mineral lease executed by a personal representative under the former Texas Probate Code or this code may be amended by...
• Texas Section 358.101 - Authorization For Leasing Of Minerals At Private Sale
  (a) Notwithstanding the mandatory requirements of Subchapter B for setting a time and place for hearing of a lease application filed under Section 358.052 and...

SUBCHAPTER D POOLING OR UNITIZATION OF ROYALTIES OR MINERALS

• Texas Section 358.102 - Action Of Court If Public Advertising Not Required
  (a) At any time after the fifth day and before the 11th day after the filing date of an application to lease at private sale...
• Texas Section 358.151 - Authorization For Pooling Or Unitization
  (a) If an existing lease or leases on property owned by an estate being administered do not adequately provide for pooling or unitization, the court...
• Texas Section 358.152 - Pooling Or Unitization Application
  (a) The personal representative of an estate shall file with the county clerk of the county in which the probate proceeding is pending a written...
• Texas Section 358.153 - Notice Not Required
  Notice by advertising, citation, or otherwise of the filing of a pooling or unitization application under Section 358.152 is not required. Added by Acts 2009,...
• Texas Section 358.154 - Hearing On Application
  (a) The judge may hold a hearing on a pooling or unitization application filed under Section 358.152 at any time agreeable to the parties to...

SUBCHAPTER E SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED WITHOUT COURT ORDER

• Texas Section 358.155 - Action Of Court And Contents Of Order
  (a) The court shall enter an order setting out the court's findings and authorizing execution of the proposed pooling or unitization agreement, with or without...

SUBCHAPTER F PROCEDURE IF PERSONAL REPRESENTATIVE OF ESTATE NEGLECTS TO APPLY FOR AUTHORITY

• Texas Section 358.201 - Authorization For Execution Of Agreements
  As to any mineral lease or pooling or unitization agreement, executed on behalf of an estate before January 1, 1956, or on or after that...
• Texas Section 358.251 - Application To Show Cause
  If the personal representative of an estate neglects to apply for authority to subject estate property to a lease for mineral development, pooling, or unitization,...
• Texas Section 358.252 - Hearing On Application
  (a) The county clerk shall immediately call the filing of an application under Section 358.251 to the attention of the judge of the court in...
• Texas Section 358.253 - Order
  On a hearing conducted under Section 358.252, if satisfied from the evidence that it would be in the best interest of the estate, the court...
• Texas Section 358.254 - Procedure To Be Followed After Entry Of Order
  After entry of an order under Section 358.253, the procedure prescribed with respect to an original lease application, or with respect to an original application...

Last modified: September 28, 2016